The Foreign Shipping Practices Act of 1988, referred to in subsec. (b)(2), is Pub. L. 100–418, title X, subtitle A (§§ 10001–10003), Aug. 23, 1988, 102 Stat. 1570, which enacted section
1710a of this Appendix, amended section
1122b of this Appendix, and enacted provisions set out as a note under section
3302 of Title
46, Shipping. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section
1701 of this Appendix and Tables.

Subsec. (b)(1). Pub. L. 105–258, § 109(a)(1), (2), redesignated par. (4) as (1) and struck out former par. (1) which read as follows: “charge, demand, collect, or receive greater, less, or different compensation for the transportation of property or for any service in connection therewith than the rates and charges that are shown in its tariffs or service contracts;”.

Subsec. (b)(2). Pub. L. 105–258, § 109(a)(1), (3), added par. (2) and struck out former par. (2) which read as follows: “rebate, refund, or remit in any manner, or by any device, any portion of its rates except in accordance with its tariffs or service contracts;”.

Subsec. (b)(3). Pub. L. 105–258, § 109(a)(1), (4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “extend or deny to any person any privilege, concession, equipment, or facility except in accordance with its tariffs or service contracts;”.

Subsec. (b)(4). Pub. L. 105–258, § 109(a)(5), substituted “for service pursuant to a tariff,” for “except for service contracts,” in introductory provisions.

“(9) use a loyalty contract, except in conformity with the antitrust laws;

“(10) demand, charge, or collect any rate or charge that is unjustly discriminatory between shippers or ports;”.

Subsec. (b)(11). Pub. L. 105–258, § 109(a)(10)–(13), redesignated par. (14) as (11), substituted “an ocean transportation intermediary” for “a non-vessel-operating common carrier” and “sections
1707 and
1718” for “sections
1707 and
1721”, and struck out former par. (11) which read as follows: “except for service contracts, make or give any undue or unreasonable preference or advantage to any particular person, locality, or description of traffic in any respect whatsoever;”.

Subsec. (b)(12). Pub. L. 105–258, § 109(a)(10)–(15), redesignated par. (15) as (12), substituted “an ocean transportation intermediary” for “a non-vessel-operating common carrier” in two places, substituted “sections
1707 and
1718” for “sections
1707 and
1721”, struck out “or in which an ocean transportation intermediary is listed as an affiliate” before “that does not”, substituted “Appendix, or with an affiliate of such ocean transportation intermediary;” for “Appendix;”, and struck out former par. (12) which read as follows: “subject any particular person, locality, or description of traffic to an unreasonable refusal to deal or any undue or unreasonable prejudice or disadvantage in any respect whatsoever;”.

Subsec. (b)(13). Pub. L. 105–258, § 109(a)(10), (11), redesignated par. (16) as (13) and struck out former par. (13) which read as follows: “refuse to negotiate with a shippers’ association;”.

Subsec. (c)(4). Pub. L. 105–258, § 109(b)(1), which directed amendment of subsec. (c)(4) by substituting “non-ocean carriers, unless such negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this chapter” for “non-ocean carriers”, was executed by making the substitution for “nonocean carriers” the second place it appeared, to reflect the probable intent of Congress.

Subsec. (d)(3). Pub. L. 105–258, § 109(c)(3), which directed amendment of subsec. (d) by substituting “subsections (b)(10) and (13)” for “subsection (b)(11), (12), and (16)”, was executed by making the substitution for “subsection (b)(11), (12), and (14)” in par. (3), to reflect the probable intent of Congress.

Section 201(f) of Pub. L. 102–251 provided that: “This section [amending this section and section
1721 of this Appendix and enacting provisions set out as notes under sections
1701 and
1721 of this Appendix] shall become effective 90 days after the date of its enactment [Mar. 9, 1992].”

Effective Date of 1990 Amendment

Section 710(e) of Pub. L. 101–595 provided that: “This section [enacting section
1721 of this Appendix, amending this section, and enacting provisions set out as notes under sections
1701 and
1721 of this Appendix] shall become effective 90 days after the date of its enactment [Nov. 16, 1990].”